A wife sought quashing of an FIR against her husband for forgery, cheating, extortion and related offences. The spouses had settled their matrimonial dispute before the Bangalore Mediation Centre and filed affidavits seeking compounding. The court accepted the settlement, permitted compounding of the offences and quashed the crime.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:36745 CRL.P No. 9285 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 9285 OF 2024
BETWEEN:
CHETHANA N., AGED ABOUT 40 YEARS WIFE OF YATHISH K., PRESENTLY RESIDING AT NO.8, 4TH CROSS, PAPAIAH GARDEN BANASHANKARI 3RD STAGE OPP. SRI KRISHNA DHARMIKA SABHANGANA BENGALURU – 560 085.
…PETITIONER
(BY SRI ANKITH S. REDDY, ADVOCATE)
AND:
Digitally signed by KAVYA G Location: High Court of Karnataka
NC: 2024:KHC:36745 CRL.P No. 9285 of 2024
1ST CROSS, IDEAL HOMES
R.R.NAGAR, BENGALURU – 560 098.
…RESPONDENTS
(BY SRI. JAGADEESHA B. N., ADDL. SPP R1; SRI. KRISHNAMOORTI L.BHAT, ADVOCATE FOR SRI. C.V.SRINIVASA, ADVOCATES FOR R2)
THIS CRL.P IS FILED U/S 482 CR.P.C (FILED U/S 528 BNNS) PRAYING TO QUASH THE FIR IN CR.NO.03/2024 BEFORE THE RAJARAJESHWARI NAGAR P.S., BYATARAYANAPURA SUB-DIVISION BENGALURU CITY FOR THE OFFENCE P/U/S 465, 468, 471, 420, 384, 506, 34 OF IPC PENDING BEFORE THE 46TH A.C.M.M COURT BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before this Court calling in question registration of crime in Crime No.03/2024, pending before the 46th Additional Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under Sections 465, 468, 471, 420, 384, 506 and 34 of the IPC.
in unison submit that the parties to the lis were before the family court in M.C.No.1856/2023 and have settled their
dispute amicably before the Bengaluru Mediation Center, by entering into a memorandum of settlement on certain terms and conditions. They have filed an application under Section 359(6) of the Bharathiya Nagarik Suraksha Sanhita, 2023 along with affidavits of both the parties seeking permission to compound the aforesaid offences.
“3. The above petition has been filed with a prayer to quash Crime No. 03/2024, registered by the first respondent police i.e Rajarajeshwari Nagar PS, which is pending on the file of Hon'ble the XLVI Additional Chief Judicial Magistrate Court, Bangalore.
4. It is submitted that, I filed a complaint against the second respondent before first respondent police. The first respondent police registered a case in Crime No. 3/2024 for the offence punishable under sections 465, 468, 471, 420, 384, 506 read with section 34 of the Indian Penal Code, which is presently pending on the file of XLVI Additional Chief Judicial Magistrate Court, Bangalore.
5. My marriage with the petitioner was solemnized on 16/02/2009 and registered in the office of the Registrar of Marriages, Jayanagar bearing marriage number: JAYHM720- 2008-09 on the same day.
6. I and the petitioner had earlier obtained a decree of divorce dated 13/02/2014 in M.C. No. 2425/2014 for the marriage that was solemnized on 16/02/2009 which was registered in the office of Registrar of Marriage, Jayanagar on the same day.
NC: 2024:KHC:36745 CRL.P No. 9285 of 2024
7. It is submitted that, with a passage of 2-3 months thereafter, I and the petitioner as an extension of marriage had ceremonies and got married once again, as per Hindu Rites and Customs, amidst family, friends and relatives on 06/05/2009. The extension of marriage ceremonies dated 06/05/2009 also came to be registered in the office of the Registrar of Marriages, Jayanagar, Bangalore in JAY-HM106-2015-16 on 14/05/2015.
8. It is submitted that, the petitioner has filed a petition under section 13(1)(ia) of the Hindu Marriage Act-1955, seeking a decree of divorce in M.C. No. 1856/2023 before the Hon'ble Principal Judge, Family Court, Bengaluru and matter was referred for mediation before the Bangalore Mediation Centre. In the mediation, the matter has been settled amicably and I and the petitioner are entering into Memorandum of Settlement on certain terms and conditions.
9. Since the matter is amicably settled between us, this Hon'ble court may be pleased to quash the FIR in Crime No. 3/2024 presently pending on the file of the Hon'ble XLVI Addl. Chief Judicial Magistrate, At Bangalore.
The averments made in para No.1 to 9 are true and correct to the best of my knowledge, information and belief.”
In the light of the fact that the parties have arrived at settlement and since it is a marital dispute between the husband and wife and not against the State, I deem it appropriate to accept the application and the affidavits so filed, permit the parties to compound the aforesaid offences and terminate the proceedings against the petitioners.
NC: 2024:KHC:36745 CRL.P No. 9285 of 2024
ORDER
Sd/(M.NAGAPRASANNA)
JUDGE
NVJ List No.: 5 Sl No.: 2 CT:SS
1 issue framed by the court
Whether the FIR in Crime No.03/2024 for offences under Sections 465, 468, 471, 420, 384, 506 and 34 IPC could be quashed following an amicable settlement between husband and wife.
4 provisions across 4 enactments
Chethana N.
The State of Karnataka by Rajarajeshwari Nagar Police Station
Yathish K.
M.Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
